

Lawfare Daily: Nick Bednar on Trump's Civil Service Executive Orders
25 snips Jan 28, 2025
Nick Bednar, an associate professor of law at the University of Minnesota, discusses the implications of Trump's Day 1 civil service executive orders, specifically the controversial Schedule F. He delves into how these orders may challenge the nonpartisan nature of federal jobs and explores possible legal obstacles ahead. Bednar also highlights the potential risks of politicizing federal positions and the broader impact on government employment. The conversation touches on historical contexts and the delicate balance between political appointees and career civil servants.
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Typical Transition Actions
- Presidential transitions typically involve high-level appointee resignations and replacements.
- These appointees are directly hired and fired by the president, lacking civil service protections.
Schedule F Basics
- Schedule F exempts certain federal employees from competitive hiring requirements, placing them in an excepted service.
- This is based on a position's policymaking nature, determined by the president with broad discretion.
Erosion of Protections
- Traditionally, even excepted service employees have tenure protections and due process rights.
- Schedule F removes these protections for those classified as policymakers, raising concerns about politicization.